News By/Courtesy: Parimala Ronanki | 03 Apr 2021 14:24pm IST

HIGHLIGHTS

  • emendation of surrogacy laws.
  • provisions of the surrogacy bill.
  • ramification of surrogacy.

Cabinet on February 26th, 2020 has approved the surrogacy(regulation) bill after incorporating it with the recommendations of the Rajya Sabha select committee. Introduction Surrogacy is a practice where one woman carries the child for other women with the intention that the child should be returned after birth. There are two types of surrogacy one is altruistic surrogacy is where the surrogate mother does not get any compensation other than the medical and insurance expenses related to pregnancy. And the other one is commercial surrogacy which means here reasonable compensation is given which exceeds the reasonable medical expenses which are related to pregnancy. Surrogacy in India and its issues It is generally considered that India is a big hub for surrogacy. In a study, It was found that the market for surrogacy is more than 400 million $ with more than 3000 fertility clinics in India. But they were many concerns regarding this surrogacy in India. those concerns were, Generally, the surrogate mother uses to have many problems because of poverty and lack of education she uses get exploited. Generally, in the case where the child is not born in the expectations of the parents out of surrogacy then they take an advantage of the situation and abandon them. Rackets involving intermediaries importing human embryos and gametes. In regarding all these new provisions for surrogacy have come that is Provision of the surrogacy ( regulation) bill, 2019. Prohibition of commercial surrogacy and exceptions Generally, the problem comes with the surrogate mother but sometimes these surrogate mother uses their womb for their wrong purposes because of which even their health is also getting affected. So, doing surrogacy for monetary benefits is refused. Even though the industry is affected but here the government took a very big step by not allowing medical expenses and insurance coverage on these no basic compensation should be allowed. After this, surrogacy cannot be used because the children that are been produced for sale, prostitution, or do any other type of exploitation so these things were also banned. But the bills allow Altruistic surrogacy, where no such other monetary compensation is paid to the surrogate mother. Surrogacy is allowed for intending couples who suffer from infertility, for any conditions or disease specified through regulation. Eligibility criteria In this, it is said that any Indian couple or couple of Indian origin who have a medical condition could be either or both members couple which necessitates gestational surrogacy. Widows or divorced women can also opt for surrogacy. Establishment of authorities In these central government and state government appoints their authority including the national and state surrogacy boards. Insurance cover Insurance will be provided for the surrogacy mother which covers all her medical needs and any emergencies for 36 months. Appeals For rejection of surrogacy application, the surrogate mother or the couple can appeal to the government within 30 days. All these were present in the recent surrogacy bill,2020 and passed by the government. Along with the changes that are included in the 2020 bill is, a separate agency is issued for women where no space is given for the women to act independently. Though this is said to be a violation of article 21. Putting surrogacy on an unfair pedestal same as mentioned in the 2019 bill. With a little more contrary approach.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, 5thVoice.News shall not be responsible for any errors caused due to human error or otherwise.

Section Editor: 5thVoice.News | 03 Apr 2021 22:07pm IST


Tags : # bill approval #surrogacy #emendation

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